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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law, Contracts, Libel & Slander and Personal Injury for Oregon on
Q: Can Plaintiffs amend a dismissed complaint in Oregon land sale case?

I sold a property in Oregon under a Land Sale Contract. In May 2025, I filed a Notice of Default and a Notice of Eviction under Oregon law ORS 93.915. However, I realized these notices were defective, as they did not provide the required 90-day period for the Plaintiffs to cure the default.... View More

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answered on Nov 5, 2025

In your situation, since the court granted your Motion for Voluntary Dismissal, the original case is no longer active. That means there is no pending complaint for the Plaintiffs to amend. Under Oregon procedure, once a case is dismissed—especially if it was voluntary and without prejudice—the... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Real Estate Law and Military Law for Oregon on
Q: Do I need to attend a deposition if the seller altered our contract and is suing for breach?

I am a disabled veteran facing a legal situation where the property owner from whom I am purchasing a home has sued me for breach of contract, and I'm due for a deposition tomorrow, November 4th, at 10 AM. The complications arose after the owner changed the contract in handwriting, then moved... View More

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answered on Nov 3, 2025

If you were properly noticed or subpoenaed for a deposition tomorrow, November 4 at 10 AM, you must appear unless you have a court order or a written stipulation continuing it. Skipping, even if you believe you have strong defenses or counterclaims, risks sanctions, fee shifting, and orders that... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Oregon on
Q: Should I use a waiver for a deck railing dispute in Oregon?

In Oregon, building codes mandate railings for decks above 30 inches, but my customer, who lives in the countryside, prefers not to have a railing as it would obstruct their view. We have discussed the safety concerns involved. Should I have them sign a waiver to protect myself from liability, and... View More

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answered on Nov 2, 2025

You cannot contract around your statutory duty to meet the residential code; a client’s signature will not legalize a non‑compliant deck. If you build above 30 inches without a guard, you invite negligence‑per‑se claims, failed inspections, potential CCB discipline, and exposure to... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Oregon on
Q: How can I manage my neighbor's overhanging tree legally in Oregon?

I live in Oregon, and my neighbor has a large sycamore tree that overhangs my property and house. It also has massive root issues. I've made multiple written requests asking him to trim the tree back to the property line, but he refuses. He threatens to sue me if I trim the tree myself and... View More

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answered on Nov 1, 2025

You have the right in Oregon to cut encroaching branches and roots back to the vertical property line from your side, without stepping onto your neighbor’s land. You must exercise reasonable care: do not kill or destabilize the tree, do not trespass, and cleanly prune so disease and structural... View More

1 Answer | Asked in Landlord - Tenant, Environmental, Personal Injury and Real Estate Law for Oregon on
Q: Can I get a free inspection of air quality after landlord used toxic chemicals?

I live in Eugene, Oregon, and my landlord, who is a retired attorney, used toxic chemicals in my unit without any ventilation or notice. He flushed these substances down my drains, and I'm worried about the safety of the air quality, including the potential outgassing. Can I get a free... View More

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answered on Oct 31, 2025

In Oregon, you do have options for getting the air quality in your rental unit tested, especially if you believe your landlord used toxic or hazardous chemicals. Start by contacting the **Lane County Public Health Department** or the **Oregon Health Authority’s Environmental Health Division** to... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Oregon on
Q: Facing eviction due to late payment caused by government shutdown delay.

I am facing an eviction issue in Oregon. According to a court-stipulated agreement, I was required to make payments of $1,100 by 11:59 PM on the 15th of each month, starting from August. I managed to make the first two payments on time. However, the third payment was made 14 hours late. The delay... View More

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answered on Oct 31, 2025

In Oregon, a landlord can only move forward with eviction if you have violated the terms of your court-stipulated agreement or lease, but you still have rights and options even if your payment was late. Since your delay was only 14 hours and you paid the full amount, you can argue that your... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Appeals / Appellate Law for Oregon on
Q: How can I address wrongful eviction practices related to a seller-financed home sale in Oregon?

I was involved in a seller-financed home sale, not under a land contract or lease-to-own agreement. Our original landlord became our lender with a mortgage agreement for principal, interest, taxes, and insurance combined. Due to COVID hardships, we agreed mortgage assistance would cover principal... View More

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answered on Oct 29, 2025

What you describe sounds like an improper use of eviction procedures when foreclosure was the only lawful process available. In Oregon, if you had a seller-financed mortgage agreement rather than a lease or rental contract, your lender was required to follow foreclosure laws to reclaim the... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Oregon on
Q: Are there Oregon precedents to oppose a Motion to Leave with no new claims?

I sold a residential property in Oregon on a land contract that requires purchasers to get approval before making renovations. After inspecting the property with an affidavit and pictures from the realtor, I confirmed unauthorized renovations were made. I filed a Notice of Default, giving the... View More

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answered on Oct 28, 2025

In Oregon, courts generally allow amendments to pleadings under ORCP 23(A), but only when doing so serves justice and does not unfairly prejudice the other party. If the purchasers’ Motion for Leave to Amend adds no new claims or factual allegations, you can argue that the amendment serves no... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant, Libel & Slander, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: How to respond to false stalking order allegations in Oregon?

I was attacked by my neighbor on August 13th, and despite notifying the landlord and property managers, no action was taken. Recently, the same neighbor filed a stalking order against me, falsely alleging that I committed the actions they actually did to me. Everything in the order is untrue and is... View More

Anthony M. Avery
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answered on Oct 28, 2025

Hire an OR attorney to file an answer and represent you. You will not be able to effectively represent yourself in such an emotional case.

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1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Oregon on
Q: Case law for false claims in Oregon land contract dispute?

I sold a residential property in Oregon on a land contract, which explicitly requires Purchasers to obtain my prior approval for any renovations. Despite this agreement, the Purchasers undertook substantial renovations, prompting me to file a Notice of Default. A trial is set for March 2026... View More

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answered on Oct 26, 2025

You have multiple levers under Oregon law to confront false assertions and narrow the injunction request. Courts sanction false factual contentions under ORCP 17 and award fees when claims lack an objectively reasonable basis under ORS 20.105; attorneys also face discipline for lack of candor under... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can I cite Oregon Rules of Professional Conduct instead of case law in my opposition?

I am the Defendant in a case involving property I sold on a land contract. I need to respond to a Plaintiff's Motion for Leave to File a Second Amended Complaint in Oregon. The Plaintiff's attorney included false information in their motion. Specifically, they wrongly claimed I did not... View More

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answered on Oct 24, 2025

You can reference the Oregon Rules of Professional Conduct in your opposition, but they shouldn’t be the main legal authority supporting your argument. Those rules are meant to regulate attorney behavior and can highlight concerns about honesty or fairness, but they don’t usually carry the same... View More

1 Answer | Asked in Landlord - Tenant, Animal / Dog Law, Consumer Law, Contracts and Real Estate Law for Oregon on
Q: Can landlord's access rights nullify pet confinement rights?

My rental agreement in Oregon permits the landlord access to the backyard without notice at reasonable times and with reasonable frequency. We also have a pet addendum that allows us to confine our dog in the backyard, though not to house her there—she sleeps inside and stays indoors with us when... View More

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answered on Oct 23, 2025

Your landlord’s access clause does not erase your negotiated right to confine your dog in the backyard under the pet addendum; the two terms must be read together. Oregon law allows no‑notice entry into exterior areas only for narrow purposes—such as yard work required by a written agreement,... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Oregon on
Q: How to resolve a property line dispute in Washington County, OR?

I live in Washington County, Oregon, and I'm facing a property line dispute with my neighbor concerning the construction of a new fence. We hired an independent surveyor to establish the boundary, and 3 out of 4 pins were found based on the Platt Map. However, the neighbor disagrees with the... View More

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answered on Oct 23, 2025

Either reach a Boundary Line Agreement with the neighbor and record it, or file suit against him for a boundary dispute.

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1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: Who is responsible for tax error on newly purchased home in Oregon?

I purchased a new home in Oregon on August 4, 2025. The title company pro-rated our taxes from July 1 (tax year start date) to August 4 (date of ownership transfer) based on the previous year's assessment, which only accounted for the land, not the $1.4M dwelling that was subsequently built.... View More

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answered on Oct 22, 2025

It’s understandable to feel frustrated by this situation, especially when the tax calculation doesn’t reflect the timing or accuracy you expected. In Oregon, property taxes are assessed for the fiscal year starting July 1, and the bill is based on the property’s assessed value as of January 1... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Employment Law for Oregon on
Q: Where to find pro bono attorney for real estate dispute in Coos County, OR?

I am a veteran on disability purchasing land in Coos County through owner financing. The owner has stopped accepting payments because he received a higher offer for the land. He refuses direct deposits and has moved without a forwarding address, preventing me from sending payments. He hasn't... View More

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answered on Oct 15, 2025

You should immediately protect your position while you look for counsel. Continue to tender payments by certified mail to the seller’s last known address and place the money in a separate escrow account whenever delivery is refused. Keep a precise ledger with copies of every attempted payment,... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Oregon on
Q: Can my old boss evict me with tow-away threats without legal process?

I have been living on a property rented by my old boss for 5 years. Recently, my old boss is trying to evict me without going through the legal court process. Initially, they gave me a handwritten 72-hour eviction notice, which I believe is not legal. Now, they've posted 72-hour tow-away... View More

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answered on Oct 12, 2025

It sounds like your old boss is trying to force you off the property without following the legal eviction process, which is not allowed under landlord-tenant law. Even if you don’t have a written lease, you are still considered a **tenant-at-will** after living on the property for five years and... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Oregon on
Q: What are my rights if I'm being evicted without a legal notice after living on a property for 5 years without a lease in Oregon?

I have been living on a property for 5 years where I was allowed to stay without signing a lease or rental agreement. I have had the power in my name for at least 2 years. Previously, I paid the power bill to the individuals renting the property until they shut it off, prompting me to get it in my... View More

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answered on Oct 12, 2025

It sounds like you’re in a difficult position, but you do have rights under Oregon law, even without a written lease. Since you’ve lived on the property for five years with the owner’s or renter’s permission, you are considered a **tenant-at-will** or **month-to-month tenant**. This means... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Oregon on
Q: What should I do if I completed fix requirements for my leased manufactured home but received no confirmation?

I received a notice requiring me to fix certain issues or move out of my manufactured house, which is on leased land. I completed the list of required fixes and mailed a letter to the company on September 3rd, as instructed. The original notice stated that the repairs needed to be completed by... View More

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answered on Oct 12, 2025

It’s understandable to feel uneasy with the deadline approaching and no confirmation after following all the steps you were asked to take. Since you’ve already mailed your compliance letter and reached out by email, the most important thing now is to create a clear paper trail proving that you... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Oregon on
Q: Can I enforce a 15-year property purchase agreement if the owner wants to cancel for a higher offer in Oregon?

Regarding a property purchase agreement signed on April 1, 2021, for a duration of 15 years in Coos County, Oregon, where both parties are fully committed without cancellation clauses, the owner wants to cancel the contract due to a higher offer. What are my legal options to enforce the contract... View More

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answered on Oct 12, 2025

It sounds like you’re dealing with a frustrating situation, especially after committing to a long-term property agreement. In Oregon, a valid and signed **purchase agreement** is a binding legal contract, and if there are no cancellation clauses or conditions allowing the seller to withdraw, they... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Oregon on
Q: My landlord threw my belongings outside, damaging them. What legal actions can I take in Oregon?

Within the last week, while I was stranded out of town because my brakes went out, my landlord and another individual entered my cabin and threw all my belongings outside in the rain, resulting in significant damage. I have a verbal rental agreement, mainly concerning the rent amount, with the... View More

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answered on Oct 3, 2025

In Oregon, what your landlord did may be considered an illegal “self-help” eviction, which is not allowed under state law. Landlords are required to follow formal eviction procedures through the courts, and they cannot enter your rental, remove your belongings, or treat them as abandoned... View More

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